Another question relating intellectual property over a game design

Miami, FL Viewed 300 times. Posted 9 months ago in Intellectual Property
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First of all I want to say that I read all the previous posts without finding a clear answer to my question. Second thing: I don’t want intellectual property over the ideas of wining/loosing or making money and I don’t want to copyright images or sounds that can change the appearance of the game. All I want is to protect an ORIGINAL GAME MECHANIC witch in essence is A NEW WAY OF WINING or loosing. To make a parallel, a composer can have property over a succession of notes that can make a song unforgettable and even if you change the instruments, the song is the same. And a poem is the same even if I translate it in another language. IS IT POSSIBLE TO PROTECT A GAME MECHANIC AGAINST PLAGIAT?
Additional information
For example: “The first slot machine was invented by Charles Fey in 1895”, “Blaise Pascal was a French mathematician, scientist, and philosopher best known as the inventor of the roulette wheel”. So games are invented and they are the result of an intellectual act of thinking witch is recognised.

1. I want to know if it is possible to patent a game method, a list of rules that regulate the game (as well as different variations of these rules that can change the chance). Ex: American Roulette is the same as European Roulette, but it has two 0 on the table. Same game-small variation. (this is just an example, it has nothing to do with my game). All I want is to protect my game against plagiat. I invested time in development and I need time to transform it in to a brand. I don’t want somebody else to capitalise on my work just because they have more resources.
2. Can I tie this set of rules with a trademark over the name of the game?
3. How complicated is this process?

Thank you for your answe
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Answers (3)

Clark AD Wilson

Clark AD Wilson Avvo Pro

Contributor Level 5
This attorney is licensed in Florida and 2 other states. Posted 9 months ago. Flag as objectionable
Firstly, I am not completely sure I entirely understand the question well enough to provide you the level of answer you desire. A song and poem are protected by copyright. However, it is only the artistic nature of the song and poem, and not any underlying idea. Thus, the organization of the words or notes is protected, but not the words or notes themselves. A game could be protected with a process patent that focuses on the steps taken to complete the game. I have written a patent application for a board game before. This is possibly as close as you can get to protecting an underlying "idea" of a game. The act of participating in the stock market is nothing new. If the game "Stock Market King" is a video game, it is likely protected with copyright covering the software code and maybe a patent on the process. But, again, I think more facts need to be presented to answer the question.
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Daniel Nathan Ballard

Daniel Nathan Ballard

Contributor Level 7
This attorney is licensed in California. Posted 9 months ago. Flag as objectionable
The following is not legal advice and should not be relied upon to take or refrain from taking any action.

Clark has provided you with an admirable and accurate answer.

My advice would have been much more succinct: Of course intellectual property law (patent, trademark, and copyright law) can be used to protect products such as board games. Each type of law provides its own particular protection -- patent if the game is novel and non-obvious, trademark to protect the brand identity of the game, and copyright to protect the instructions and face display of the board.

If you think that your particular board game idea is worth spending time to develop then you need to educate yourself with a basic understanding of "product development" and "commercialization." Visit amazon.com, query those two search terms, and buy a few books on those subjects. Then hire a business attorney to help you set up a company which can be used to fine-tune the game, protect its various aspects, and then either license it or sell it.

Your community may have a small business clinic at a university or county office that can provide you with assistance.
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Mario Sergio Golab

Mario Sergio Golab

Contributor Level 5
This attorney is licensed in Florida. Posted 9 months ago. Flag as objectionable
You can protect the implementation of a game with a patent. You can protect the process of a game with a patent, You can protect the look of the game with copyright, You can protect the game name with a trademark and trade dress.
You cannot protect an idea with copyright.
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